Rekha Patra v. The State Of West Bengal

08.01.2025 Sl. No.42 tkm C. R. M. (A) 58 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Goaltore Police Station Case No.184 of 2024 dated 2.10.2024 under Sections 103/108/3(5) of the Bharatiya Nyaya Sanhita, 2023. And In Re: Rekha Patra ... ... Petitioner Mr. Ayan Bhattacharya, Sr. Adv.

Ms. M Karmakar ... ... for the petitioner Ms. Faria Hossain Ms. Debalina Das ... ... for the State

1. Petitioner submits she is the daughter-in-law of the deceased lady. Out of depression deceased committed suicide. There is a family dispute between her husband and brother-in-law. The latter falsely implicated the petitioner and her husband in the case. She prays for anticipatory bail.

2. Learned lawyer for the State opposes the prayer.

3. We have considered the materials on record. In the FIR it is alleged petitioner and her husband used to torture the deceased. Earlier her husband had given an undertaking before police that he would not torture his mother. Subsequently, his mother died due to poisoning. Statements of witnesses show neither the petitioner nor her husband was present where the incident occurred. No document corroborating the allegation in the FIR that the petitioner's husband undertook not to subject the deceased to torture is placed on record. Witnesses merely state that there was Signed By :

TAMAL KRISHNA MANDAL High Court of Calcutta 10 th of January 2025 12:27:01 PM

quarrel between the parties. Whether quarrels amongst family members by themselves would constitute abetment to suicide requires to be assessed at the appropriate stage of the proceeding. There is no chance of abscondence.

4. Under such circumstances we are of the opinion custodial interrogation of the petitioner for progress of investigation is not necessary and she may be granted anticipatory bail.

5. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 482(2) of BNSS 2023.

6. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

7. The application being CRM (A) 58 of 2025 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

TAMAL KRISHNA MANDAL High Court of Calcutta 10 th of January 2025 12:27:01 PM